1337.42
Authority that requires specific grant; grant of general authority.

UNIFORM POWER OF ATTORNEY ACT

Article 2. AUTHORITY

(A)
An agent
under a power of attorney may do any of the following on behalf of the
principal or with the principal's property only if the power of attorney
expressly grants the agent the authority and if exercise of the authority is
not otherwise prohibited by another agreement or instrument to which the
authority or property is subject, and, with respect to a revocable trust of
which the principal was the settlor, if the trust agreement expressly
authorizes the agent to exercise the principal's powers with respect to the
revocation, amendment, or distribution:

(1)
Create,
amend, revoke, or terminate an inter vivos trust to the extent permitted by
section 5801.05 of the Revised Code or any
other provision of Title LVIII of the Revised Code;

(6)
Waive the
principal's right to be a beneficiary of a joint and survivor annuity,
including a survivor benefit under a retirement plan;

(7)
Exercise
fiduciary powers that the principal has authority to delegate.

(B)
Notwithstanding a grant of authority to do an act described in division (A) of
this section, unless the power of attorney otherwise provides, an agent that is
not an ancestor, spouse, or descendant of the principal may not exercise
authority under a power of attorney to create in the agent, or in an individual
to whom the agent owes a legal obligation of support, an interest in the
principal's property, whether by gift, right of survivorship, beneficiary
designation, disclaimer, or otherwise.

(C)
Subject to
divisions (A), (B), (D), and (E) of this section, if a power of attorney grants
to an agent authority to do all acts that a principal could do, the agent has
the general authority described in sections
1337.45 to
1337.57 of the Revised
Code.

(D)
Unless the
power of attorney otherwise provides, a grant of authority to make a gift is
subject to section
1337.58 of the Revised
Code.

(E)
Subject to
divisions (A), (B), and (D) of this section, if the subjects over which
authority is granted in a power of attorney are similar or overlap, the
broadest authority controls.

(F)
Authority
granted in a power of attorney is exercisable with respect to property that the
principal has when the power of attorney is executed or acquires later, whether
or not the property is located in this state and whether or not the authority
is exercised or the power of attorney is executed in this
state.

(G)
An act
performed by an agent pursuant to a power of attorney has the same effect and
inures to the benefit of and binds the principal and the principal's successors
in interest as if the principal had performed the act.